HB 1268 South Dakota House · 2026 Regular Session

repeal capital punishment.

HB 1268 would repeal South Dakota's death penalty by removing it as a sentencing option for Class A felonies, including first-degree murder. The bill directly affects individuals convicted of capital offenses, replacing the death penalty with life imprisonment as the maximum sentence. Key provisions amend sections of the criminal code (specifically §§ 22-6-1, 22-16-12, and others) to eliminate the death penalty from Class A felony sentencing and adjust felony classifications accordingly. This change would apply to all future cases, meaning convicted individuals would no longer face execution as a possible penalty for the most serious crimes.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
House Passage
Feb 2026
Senate Passage
Governor
Introduced Feb 4, 2026 Last action Feb 18, 2026
Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
3
Key actions
1
Committee
0
Feb 18, 2026
Lower · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 10, NAYS 1
lower
Feb 4, 2026
Introduced
First read in House and referred to House Judiciary H.J. 219
lower
13 primary · 0 co-sponsors

Sponsors